Conditions for application of summary procedures for settlement of administrative cases in Vietnam

Hello, Lawnet would like to answer the following:

1. What is summary procedures in administrative proceedings?

According to Article 245 of the Law on Administrative Procedures 2015, abbreviated procedures in administrative procedures are as follows:

- Summary procedures in administrative procedures mean procedures for settling an administrative case when the conditions prescribed in this Law are satisfied with a view to shortening the time and simplifying procedures as compared to general procedures for settling an administrative case while ensuring lawful settlement of the case.

- Scope of application:

+ The court shall apply the provisions of Chapter XIV of the Law on Administrative Procedures 2015 and other provisions of this Law which are not contrary to this Chapter for settling a case according to summary procedures.

+ In case other laws prescribe the application of summary procedures to administrative complaints or petitions, the provisions of the Law on Administrative Procedures 2015 shall apply.

Thus, in order to shorten the time and procedures for settling administrative cases, the Court applies summary procedures to settle when all conditions are met, but still ensures the legal settlement of the case.

2. Conditions for application of summary procedures for settlement of administrative cases in Vietnam

Conditions for application of summary procedures are specified in Article 246 of the Law on Administrative Procedures 2015.

- A case shall be settled according to summary procedures when the following conditions are fully satisfied:

+ Its circumstances are simple with sufficient and clear documents and evidences, ensuring sufficient grounds for the settlement, not requiring the court to collect documents and evidences;

+ Involved parties have clear addresses of residence and working offices;

+ There is no involved party residing overseas, unless the involved party residing overseas agrees with the involved party in Vietnam to request the court to settle the case according to summary procedures.

- During the settlement of a case according to summary procedures, the court shall issue a decision to shift to settling the case according to general procedures in any of the following cases:

+ New circumstances occur on which the involved parties cannot reach agreement and which require verification and additional collection of documents or evidences or an expert examination;

+ The involved parties cannot reach agreement on prices, requiring the asset valuation;

+ A provisional urgent measure needs to be applied;

+ There are more persons with related interests and obligations;

+ An independent claim is made;

+ There is an involved party residing overseas, requiring judicial mandate, except the case specified at Point c, Clause 1 of Article 246 of the Law on Administrative Procedures 2015.

- If a case is shifted to be settled according to general procedures, the time limit for preparing the trial of the case shall be re-counted from the date of issuance of the decision to shift to settling the case according to general procedures.

Thus, the adjudication by summary procedure needs to ensure the above conditions, this is also a flexible regulation, ensuring the favorable procedural process, creating maximum conditions for the litigants when participating in the proceedings in Court.

3. Procedures for decisions to bring cases to settlement according to summary procedures

Procedures for decisions to bring cases to settlement according to summary procedures are specified in Article 247 of the Law on Administrative Procedures 2015, specifically:

- Within 30 days after accepting a case under Article 125 of the Law on Administrative Procedures 2015, the judge assigned to settle the case shall issue a decision to bring the case to settlement according to summary procedures and open a court hearing for trial within 10 days after issuing such decision.

- A decision to bring a case to settlement according to summary procedures must have the following principal contents:

+ Date of issuance;

+ Name of the issuing court;

+ The case to be settled according to summary procedures;

+ Names, addresses, facsimile numbers, and emails (if any) of the plaintiff, defendant and person with related interests and obligations;

+ Full names of the judge, court clerk and procurator; and full names of alternate judge and procurator (if any);

+ Time, date and venue of the court hearing;

+ Public or behind-closed-door trial;

+ Full names of persons summoned to participate in the court hearing.

- A decision to bring a case to settlement according to summary procedures shall be sent to the involved parties and same-level procuracy together with the case file right after it is issued.

- Within 3 working days after receiving the case file, the procuracy shall study and return it to the court.

Thus, within 30 days from the date of acceptance of the case, the judge must issue a decision to bring the case to settlement according to summary procedures and open a trial within 10 days from the date of issuance of the decision. At the same time, send the dossier to the involved party and the Procuracy for study and return within 03 working days.

Sample decision to bring the case to first-instance settlement according to summary procedures: Download

Sample decision to bring the case to appellate settlement according to summary procedures: Download

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